Ryan's Family Steakhouse v. Whitlock

The Employer/Carrier appeal an order of the Judge of Compensation Claims finding compensability and awarding medical and indemnity benefits based on the JCC’s exclusion of certain evidence.

Exclusion of evidence is generally within the province of the JCC. Nevertheless, to *248exclude a witness from testifying, prejudice must be shown to the objecting party, such as surprise or unfair disadvantage. Cedar Hammock Fire Dep’t v. Bonami, 672 So.2d 892 (Fla. 1st DCA 1996). Here, the JCC did not allow E/C’s proffered exhibits of Dr. Munson’s deposition transcript and attachments as well as Claimant’s…